Consent of the parties to a contract must be:

1. (1) Free;
2. (2) Mutual; and
3. (3) Communicated by each to the other.

Source: CivC 1877, § 876; CL 1887, § 3500; RCivC 1903, § 1194; RC 1919, § 809; SDC 1939, § 10.0301.